A worker’s personal grievance following his dismissal has led to reinstatement and an award of about 6 months wages plus $6,000 compensation after the Employment Relations Authority held the dismissal to be unjustified.

An argument had developed between the employee and supervisor during which both swore at the other.  The employee was sacked for swearing at the supervisor.  The ERA held that swearing in that workplace was common and normally condoned by the employer.  Therefore dismissing an employee for swearing was not justified when the language was not any different to that normally accepted in that workplace.

Alan Knowsley

Employment Lawyer